SCOTTSDALE, Ariz. -- Without a doubt, regional cargo carriers are one segment of the commercial aviation sector that is now profitable. However, success and growth can bring on new growing pains to an organization, including employee frustrations in dealing with management now that the organization is larger and expectations that success should mean higher wages.

"As you grow, you become a more attractive target for union organizers," said Mark Esposito, an Atlanta-based aviation labor attorney for Ford & Harrison. Addressing the Regional Air Cargo Carriers Association (RACCA) convention last week, Esposito noted that the largely non-unionized carriers in RACCA could be fertile ground for union organizers.

In a quick primer, Esposito provided the RACCA members with a series of tips on how to hold off a union representation election among their employees.

While most of the regional cargo carriers are small operations, Esposito cautioned that being small does not always dissuade union organizers. In one case, he said the Teamsters campaigned extensively to represent 10 flight attendants at a passenger carrier. On the other hand, the Air Line Pilots Association (ALPA) has a greater concern to obtain a return on the investment it makes in organizing a carrier. ALPA usually targets carriers with 100 to 150 pilots. At smaller operations, Esposito said that ALPA encourages pilots to form an independent union. Once an independent secures its first negotiated contract, ALPA will suggest that an independent union merge with it. Esposito said this strategy spares ALPA the costs of organizing while it will be able to enjoy the new revenue from membership dues.

Avoiding a Union

"The best way to get things done is to deal directly with your employees," Esposito said. "The No. 1 reason people turn to a union is not the money, but because some employees are frustrated with management. They feel management does not listen to them or share their concerns.

"You have two advantages. You have greater access to your employees and you have greater knowledge of them and your situation. You need to maximize these advantages."

Red Flags

If your employees suddenly stop talking as you approach, Esposito suggested that those conversations could very well be about joining a union. At the same time be alert to "strange bedfellows" talking - those employees who normally don't socialize or have limited contact with each other.

"What you see is just the tip of an iceberg. Your best shot is to catch it early and do something about it. You must be proactive because being proactive gives you the opportunity to stop it. Taking a wait-and-see approach is a bad strategy. You don't want to have to go to an election.

"If the first notification of an election is a fax from the National Mediation Board (NMB), then you are in trouble."

The Organizing Drive

A union needs to get at least 35 percent of a company's workforce to sign an authorization card. Esposito noted that unions fail to tell employees that the card is valid for one-year and the card will not be revoked.

Union organizers will try to obtain the e-mail addresses of employees. The union establishes a web site packed with information on how poorly a company may behave. The site also has details on the union. Esposito advises clients to set up their own Web site to tell their side of the story.

While a union can ask the NMB to conduct a representation election with just 35 percent of the signatures, Esposito said a union would usually seek the election once it obtains 60 to 70 percent of the signatures.

The Campaign

A union organizing drive is like a political campaign with each side trying to contact the individual employees. "However, the election process is absolutely screwed. The election process is designed for unions. The NMB is interested in job security so they need to certify unions," Esposito said.

"There are rules that the union and management have to play by. However, there has never been an election overturned because of union misconduct.

"There are a lot of myths," he noted. "There is nothing wrong in talking with your employees. You can talk to them as a group or privately. It is important that you talk to your employees."

The Election

With telephone voting, your employees will get about 21 days to cast their ballots, he said. The telephone voice mail is set up with only two options - vote for the union actively recruiting and a second vote for write-in union representation. The employee does not have a "no union" option. A simple majority of all those seeking union representation is all that is needed to get the union with the most votes installed.

"Please tell your employees, 'If you don't want a union, then don't vote,'" Esposito cautioned. "Write-in votes for another union helps the union that petitioned to get over the majority-vote hurdle. I know this doesn't make sense, but that is the way the game is played."

>>Contact: Mark Esposito, Ford & Harrison, (404) 888-3869.<<